Subcontractor Agreement

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SUBCONTRACTOR AGREEMENT
JOB DESCRIPTION:_______________________________________
SUBCONTRACTOR:_______________________________________
A. The Work performed by the Subcontractor shall be at the risk of the Subcontractor
exclusively. To the fullest extent permitted by law, Subcontractor shall indemnify, defend (at
Subcontractor’s sole expense) and hold harmless _________________________, the Owner (if
different from Contractor), affiliated companies of _________________________., their
partners, joint ventures, representatives, members, designees, officers, directors, shareholders,
employees, agents, successors, and assigns (“Indemnified Parties”), from and against any and all
claims for bodily injury, death or damage to property, demands, damages, actions, causes of
action, suits, losses, judgments, obligations and any liabilities, costs and expenses (including but
not limited to investigative and repair costs, attorneys’ fees and costs, and consultants’ fees and
costs) (“Claims”) which arise or are in any way connected with the Work performed, Materials
furnished, or Services provided under this Agreement by Subcontractor or its agents. These
indemnify and defense obligations shall apply to any acts or omissions, negligent or willful
misconduct of Subcontractor, its employees or agents, whether active or passive. Said indemnity
and defense obligations shall further apply, whether or not said claims arise out of the concurrent
act, omission, or negligence of the Indemnified Parties, whether active or passive. Subcontractor
shall not be obligated to indemnify and defend ________________________ or Owner for claims
found to be due to the sole negligence or willful misconduct of Indemnified Parties.
Subcontractor’s indemnification and defense obligations hereunder shall extend to Claims
occurring after this Agreement is terminated as well as while it is in force, and shall continue until
it is finally adjudicated that any and all actions against Indemnified Parties for such matters which
are indemnified hereunder are fully and finally barred by applicable Laws.
B. Upon execution of this Agreement, and prior to the Subcontractor’s commencing any work or
services with regard to the Project, the Subcontractor shall carry commercial general liability
insurance on ISO form CG 00 01 10 01 (or a substitute form providing equivalent coverage) and
the Subcontractor shall provide ____________________________ with a Certificate of Insurance
and Additional Insured Endorsement on ISO form CG 20 10 11 85 (or a substitute form
providing equivalent coverage) or on the combination of ISO forms CG 20 10 10 01 and CG 20
37 10 01 (or substitute forms providing equivalent coverage) naming _____________________
and the Owner as Additional Insureds thereunder. Additional insured coverage shall apply as
primary insurance with respect to any other insurance afforded to Owner and
___________________________. The coverage available to_____________________________

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